Estate of Kalous CA4/2

INTRODUCTION

Petitioner and appellant, Janice Guidi, appeals from an order after trial1 admitting

to probate the will of decedent dated July 29, l986, which had been filed by objector and

respondent, Edward Alan Hess. Guidi contends that the will is a forgery, and in support

of that claim, argues that Hess has failed to prove its due execution. She further contends

that the trial court erred in failing to invoke the doctrine of equitable estoppel to prevent

Hess from utilizing the presumption of due execution.

The judgment and order of the trial court are presumed correct. (Oliveira v.

Kiesler (2012) 206 Cal.App.4th 1349, 1362.) The order of the trial court must be

sustained if there is any substantial evidence in the record to support its findings.

(Federated Mortgage Investors v. Hunt (1970) 7 Cal.App.3d 371, 377.) We have

reviewed the record in light of those principles and have concluded that Hess presented

sufficient evidence of due execution and that the trial court did not err in denying Guidi

the benefit of equitable estoppel. We will affirm the trial court’s orders admitting the will

to probate, reinstating the previous order of distribution, and reinstating…